Audio system

ABSTRACT

An audio system is provided. The audio system includes a sound tube, wherein at least a portion of the sound tube includes a rigid hollow tube portion, at least one answer button, at least one hang-up button, a digital audio player port, a wireless transceiver module, a spring clip, a microphone, and a pair of ear buds.

CROSS-REFERENCE TO RELATED APPLICATIONS

The present Utility patent application claims priority benefit of theU.S. provisional application for patent Ser. No. 62/657,723 entitled“Bluetooth Stereo Telephone Or Music Stethoscope Type Headset”, filed onApr. 14, 2018, under 35 U.S.C. 119(e). The contents of this relatedprovisional application are incorporated herein by reference for allpurposes to the extent that such subject matter is not inconsistentherewith or limiting hereof.

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains materialthat is subject to copyright protection by the author thereof. Thecopyright owner has no objection to the facsimile reproduction by anyoneof the patent document or patent disclosure for the purposes ofreferencing as patent prior art, as it appears in the Patent andTrademark Office, patent file or records, but otherwise reserves allcopyright rights whatsoever.

BACKGROUND OF THE RELEVANT PRIOR ART

One or more embodiments of the invention generally relate to audiosystems. More particularly, certain embodiments of the invention relateto headphones.

The following background information may present examples of specificaspects of the prior art (e.g., without limitation, approaches, facts,or common wisdom) that, while expected to be helpful to further educatethe reader as to additional aspects of the prior art, is not to beconstrued as limiting the present invention, or any embodiments thereof,to anything stated or implied therein or inferred thereupon. A varietyof headphones are available in the market that include, but are notlimited to, headphones connected to a device with wires, headphones with“over the head parts” connected to a device either with wires and/orwirelessly, headphones with “behind the neck parts” connected to adevice either with wires and/or wirelessly, and the like.

The following is an example of a specific aspect in the prior art that,while expected to be helpful to further educate the reader as toadditional aspects of the prior art, is not to be construed as limitingthe present invention, or any embodiments thereof, to anything stated orimplied therein or inferred thereupon. By way of educational background,another aspect of the prior art generally useful to be aware of is thatthe wired headphones may face an omnipresent issue of the wires gettingentangled or breaking, the headphones with “over the head” parts mayinterfere with your hair or hat, the headphones with “behind the neck”parts may interfere with your collar, necklace, neck tie, pillow, etc.,and the user may at times waste time in finding the ear buds on the endof a wired headphone to re-insert them into the user's ears, and thelike issues.

In view of the foregoing, it is clear that these traditional techniquesare not perfect and leave room for more optimal approaches.

BRIEF DESCRIPTION OF THE DRAWINGS

The present invention is illustrated by way of example, and not by wayof limitation, in the figures of the accompanying drawings and in whichlike reference numerals refer to similar elements and in which:

FIG. 1 illustrates an audio system, in accordance with an embodiment ofthe present invention;

FIG. 2 illustrates an architecture for an audio system, in accordancewith an embodiment of the present invention;

FIG. 3 illustrates a photograph of an exemplary prototype of an audiosystem, in accordance with an embodiment of the present invention;

FIG. 4 illustrates a side view photograph of an exemplary prototype ofan audio system being used by a user, in accordance with an embodimentof the present invention;

FIG. 5 illustrates a front view photograph of an exemplary prototype ofan audio system being used by a user, in accordance with an embodimentof the present invention;

FIG. 6 illustrates a block diagram depicting a conventionalclient/server communication system, which may be used by an exemplaryweb-enabled/networked embodiment of the present invention; and

FIG. 7 is a block diagram depicting an exemplary client/server systemwhich may be used by an exemplary web-enabled/networked embodiment ofthe present invention.

Unless otherwise indicated illustrations in the figures are notnecessarily drawn to scale.

DETAILED DESCRIPTION OF SOME EMBODIMENTS

The present invention is best understood by reference to the detailedfigures and description set forth herein.

Embodiments of the invention are discussed below with reference to theFigures. However, those skilled in the art will readily appreciate thatthe detailed description given herein with respect to these figures isfor explanatory purposes as the invention extends beyond these limitedembodiments. For example, it should be appreciated that those skilled inthe art will, in light of the teachings of the present invention,recognize a multiplicity of alternate and suitable approaches, dependingupon the needs of the particular application, to implement thefunctionality of any given detail described herein, beyond theparticular implementation choices in the following embodiments describedand shown. That is, there are modifications and variations of theinvention that are too numerous to be listed but that all fit within thescope of the invention. Also, singular words should be read as pluraland vice versa and masculine as feminine and vice versa, whereappropriate, and alternative embodiments do not necessarily imply thatthe two are mutually exclusive.

It is to be further understood that the present invention is not limitedto the particular methodology, compounds, materials, manufacturingtechniques, uses, and applications, described herein, as these may vary.It is also to be understood that the terminology used herein is used forthe purpose of describing particular embodiments only, and is notintended to limit the scope of the present invention. It must be notedthat as used herein and in the appended claims, the singular forms “a,”“an,” and “the” include the plural reference unless the context clearlydictates otherwise. Thus, for example, a reference to “an element” is areference to one or more elements and includes equivalents thereof knownto those skilled in the art. Similarly, for another example, a referenceto “a step” or “a means” is a reference to one or more steps or meansand may include sub-steps and subservient means. All conjunctions usedare to be understood in the most inclusive sense possible. Thus, theword “or” should be understood as having the definition of a logical“or” rather than that of a logical “exclusive or” unless the contextclearly necessitates otherwise. Structures described herein are to beunderstood also to refer to functional equivalents of such structures.Language that may be construed to express approximation should be sounderstood unless the context clearly dictates otherwise.

All words of approximation as used in the present disclosure and claimsshould be construed to mean “approximate,” rather than “perfect,” andmay accordingly be employed as a meaningful modifier to any other word,specified parameter, quantity, quality, or concept. Words ofapproximation, include, yet are not limited to terms such as“substantial”, “nearly”, “almost”, “about”, “generally”, “largely”,“essentially”, “closely approximate”, etc.

As will be established in some detail below, it is well settled law, asearly as 1939, that words of approximation are not indefinite in theclaims even when such limits are not defined or specified in thespecification.

For example, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App.1941) where the court said “The examiner has held that most of theclaims are inaccurate because apparently the laminar film will not beentirely eliminated. The claims specify that the film is “substantially”eliminated and for the intended purpose, it is believed that the slightportion of the film which may remain is negligible. We are of the view,therefore, that the claims may be regarded as sufficiently accurate.”

Note that claims need only “reasonably apprise those skilled in the art”as to their scope to satisfy the definiteness requirement. See EnergyAbsorption Sys., Inc. v. Roadway Safety Servs., Inc., Civ. App. 96-1264,slip op. at 10 (Fed. Cir. Jul. 3, 1997) (unpublished) Hybridtech v.Monoclonal Antibodies, Inc., 802 F.2d 1367, 1385, 231 USPQ 81, 94 (Fed.Cir. 1986), cert. denied, 480 U.S. 947 (1987). In addition, the use ofmodifiers in the claim, like “generally” and “substantial,” does not byitself render the claims indefinite. See Seattle Box Co. v. IndustrialCrating & Packing, Inc., 731 F.2d 818, 828-29, 221 USPQ 568, 575-76(Fed. Cir. 1984).

Moreover, the ordinary and customary meaning of terms like“substantially” includes “reasonably close to: nearly, almost, about”,connoting a term of approximation. See In re Frye, Appeal No.2009-006013, 94 USPQ2d 1072, 1077, 2010 WL 889747 (B.P.A.I. 2010)Depending on its usage, the word “substantially” can denote eitherlanguage of approximation or language of magnitude. Deering PrecisionInstruments, L.L.C. v. Vector Distribution Sys., Inc., 347 F.3d 1314,1323 (Fed. Cir. 2003) (recognizing the “dual ordinary meaning of th[e]term [“substantially”] as connoting a term of approximation or a term ofmagnitude”). Here, when referring to the “substantially halfway”limitation, the Specification uses the word “approximately” as asubstitute for the word “substantially” (Fact 4). (Fact 4). The ordinarymeaning of “substantially halfway” is thus reasonably close to or nearlyat the midpoint between the forwardmost point of the upper or outsoleand the rearwardmost point of the upper or outsole.

Similarly, the term ‘substantially’ is well recognize in case law tohave the dual ordinary meaning of connoting a term of approximation or aterm of magnitude. See Dana Corp. v. American Axle & Manufacturing,Inc., Civ. App. 04-1116, 2004 U.S. App. LEXIS 18265, *13-14 (Fed. Cir.Aug. 27, 2004) (unpublished). The term “substantially” is commonly usedby claim drafters to indicate approximation. See Cordis Corp. v.Medtronic AVE Inc., 339 F.3d 1352, 1360 (Fed. Cir. 2003) (“The patentsdo not set out any numerical standard by which to determine whether thethickness of the wall surface is ‘substantially uniform.’ The term‘substantially,’ as used in this context, denotes approximation. Thus,the walls must be of largely or approximately uniform thickness.”); seealso Deering Precision Instruments, LLC v. Vector Distribution Sys.,Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003); Epcon Gas Sys., Inc. v.Bauer Compressors, Inc., 279 F.3d 1022, 1031 (Fed. Cir. 2002). We findthat the term “substantially” was used in just such a manner in theclaims of the patents-in-suit: “substantially uniform wall thickness”denotes a wall thickness with approximate uniformity.

It should also be noted that such words of approximation as contemplatedin the foregoing clearly limits the scope of claims such as saying‘generally parallel’ such that the adverb ‘generally’ does not broadenthe meaning of parallel. Accordingly, it is well settled that such wordsof approximation as contemplated in the foregoing (e.g., like the phrase‘generally parallel’) envisions some amount of deviation from perfection(e.g., not exactly parallel), and that such words of approximation ascontemplated in the foregoing are descriptive terms commonly used inpatent claims to avoid a strict numerical boundary to the specifiedparameter. To the extent that the plain language of the claims relyingon such words of approximation as contemplated in the foregoing areclear and uncontradicted by anything in the written description hereinor the figures thereof, it is improper to rely upon the present writtendescription, the figures, or the prosecution history to add limitationsto any of the claim of the present invention with respect to such wordsof approximation as contemplated in the foregoing. That is, under suchcircumstances, relying on the written description and prosecutionhistory to reject the ordinary and customary meanings of the wordsthemselves is impermissible. See, for example, Liquid Dynamics Corp. v.Vaughan Co., 355 F.3d 1361, 69 USPQ2d 1595, 1600-01 (Fed. Cir. 2004).The plain language of phrase 2 requires a “substantial helical flow.”The term “substantial” is a meaningful modifier implying “approximate,”rather than “perfect.” In Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d1352, 1361 (Fed. Cir. 2003), the district court imposed a precisenumeric constraint on the term “substantially uniform thickness.” Wenoted that the proper interpretation of this term was “of largely orapproximately uniform thickness” unless something in the prosecutionhistory imposed the “clear and unmistakable disclaimer” needed fornarrowing beyond this simple-language interpretation. Id. In Anchor WallSystems v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1311 (Fed.Cir. 2003)” Id. at 1311. Similarly, the plain language of Claim 1requires neither a perfectly helical flow nor a flow that returnsprecisely to the center after one rotation (a limitation that arisesonly as a logical consequence of requiring a perfectly helical flow).

The reader should appreciate that case law generally recognizes a dualordinary meaning of such words of approximation, as contemplated in theforegoing, as connoting a term of approximation or a term of magnitude;e.g., see Deering Precision Instruments, L.L.C. v. Vector Distrib. Sys.,Inc., 347 F.3d 1314, 68 USPQ2d 1716, 1721 (Fed. Cir. 2003), cert.denied, 124 S. Ct. 1426 (2004) where the court was asked to construe themeaning of the term “substantially” in a patent claim. Also see Epcon,279 F.3d at 1031 (“The phrase ‘substantially constant’ denotes languageof approximation, while the phrase ‘substantially below’ signifieslanguage of magnitude, i.e., not insubstantial.”). Also, see, e.g.,Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022 (Fed.Cir. 2002) (construing the terms “substantially constant” and“substantially below”); Zodiac Pool Care, Inc. v. Hoffinger Indus.,Inc., 206 F.3d 1408 (Fed. Cir. 2000) (construing the term “substantiallyinward”); York Prods., Inc. v. Cent. Tractor Farm & Family Ctr., 99 F.3d1568 (Fed. Cir. 1996) (construing the term “substantially the entireheight thereof”); Tex. Instruments Inc. v. Cypress Semiconductor Corp.,90 F.3d 1558 (Fed. Cir. 1996) (construing the term “substantially in thecommon plane”). In conducting their analysis, the court instructed tobegin with the ordinary meaning of the claim terms to one of ordinaryskill in the art. Prima Tek, 318 F.3d at 1148. Reference to dictionariesand our cases indicates that the term “substantially” has numerousordinary meanings. As the district court stated, “substantially” canmean “significantly” or “considerably.” The term “substantially” canalso mean “largely” or “essentially.” Webster's New 20th CenturyDictionary 1817 (1983).

Words of approximation, as contemplated in the foregoing, may also beused in phrases establishing approximate ranges or limits, where the endpoints are inclusive and approximate, not perfect; e.g., see AK SteelCorp. v. Sollac, 344 F.3d 1234, 68 USPQ2d 1280, 1285 (Fed. Cir. 2003)where it where the court said [W]e conclude that the ordinary meaning ofthe phrase “up to about 10%” includes the “about 10%” endpoint. Aspointed out by AK Steel, when an object of the preposition “up to” isnonnumeric, the most natural meaning is to exclude the object (e.g.,painting the wall up to the door). On the other hand, as pointed out bySollac, when the object is a numerical limit, the normal meaning is toinclude that upper numerical limit (e.g., counting up to ten, seatingcapacity for up to seven passengers). Because we have here a numericallimit—“about 10%”—the ordinary meaning is that that endpoint isincluded.

In the present specification and claims, a goal of employment of suchwords of approximation, as contemplated in the foregoing, is to avoid astrict numerical boundary to the modified specified parameter, assanctioned by Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211,1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995) where it states “It is wellestablished that when the term “substantially” serves reasonably todescribe the subject matter so that its scope would be understood bypersons in the field of the invention, and to distinguish the claimedsubject matter from the prior art, it is not indefinite.” Likewise seeVerve LLC v. Crane Cams Inc., 311 F.3d 1116, 65 USPQ2d 1051, 1054 (Fed.Cir. 2002). Expressions such as “substantially” are used in patentdocuments when warranted by the nature of the invention, in order toaccommodate the minor variations that may be appropriate to secure theinvention. Such usage may well satisfy the charge to “particularly pointout and distinctly claim” the invention, 35 U.S.C. § 112, and indeed maybe necessary in order to provide the inventor with the benefit of hisinvention. In Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22,6 USPQ2d 2010, 2013 (Fed. Cir. 1988) the court explained that usagessuch as “substantially equal” and “closely approximate” may serve todescribe the invention with precision appropriate to the technology andwithout intruding on the prior art. The court again explained in EcolabInc. v. Envirochem, Inc., 264 F.3d 1358, 1367, 60 USPQ2d 1173, 1179(Fed. Cir. 2001) that “like the term ‘about,’ the term ‘substantially’is a descriptive term commonly used in patent claims to ‘avoid a strictnumerical boundary to the specified parameter, see Ecolab Inc. v.Envirochem Inc., 264 F.3d 1358, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001)where the court found that the use of the term “substantially” to modifythe term “uniform” does not render this phrase so unclear such thatthere is no means by which to ascertain the claim scope.

Similarly, other courts have noted that like the term “about,” the term“substantially” is a descriptive term commonly used in patent claims to“avoid a strict numerical boundary to the specified parameter.”; e.g.,see Pall Corp. v. Micron Seps., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229(Fed. Cir. 1995); see, e.g., Andrew Corp. v. Gabriel Elecs. Inc., 847F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) (noting thatterms such as “approach each other,” “close to,” “substantially equal,”and “closely approximate” are ubiquitously used in patent claims andthat such usages, when serving reasonably to describe the claimedsubject matter to those of skill in the field of the invention, and todistinguish the claimed subject matter from the prior art, have beenaccepted in patent examination and upheld by the courts). In this case,“substantially” avoids the strict 100% nonuniformity boundary.

Indeed, the foregoing sanctioning of such words of approximation, ascontemplated in the foregoing, has been established as early as 1939,see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where,for example, the court said “the claims specify that the film is“substantially” eliminated and for the intended purpose, it is believedthat the slight portion of the film which may remain is negligible. Weare of the view, therefore, that the claims may be regarded assufficiently accurate.” Similarly, In re Hutchison, 104 F.2d 829, 42USPQ 90, 93 (C.C.P.A. 1939) the court said “It is realized that“substantial distance” is a relative and somewhat indefinite term, orphrase, but terms and phrases of this character are not uncommon inpatents in cases where, according to the art involved, the meaning canbe determined with reasonable clearness.”

Hence, for at least the forgoing reason, Applicants submit that it isimproper for any examiner to hold as indefinite any claims of thepresent patent that employ any words of approximation.

Unless defined otherwise, all technical and scientific terms used hereinhave the same meanings as commonly understood by one of ordinary skillin the art to which this invention belongs. Preferred methods,techniques, devices, and materials are described, although any methods,techniques, devices, or materials similar or equivalent to thosedescribed herein may be used in the practice or testing of the presentinvention. Structures described herein are to be understood also torefer to functional equivalents of such structures. The presentinvention will be described in detail below with reference toembodiments thereof as illustrated in the accompanying drawings.

References to a “device,” an “apparatus,” a “system,” etc., in thepreamble of a claim should be construed broadly to mean “any structuremeeting the claim terms” exempt for any specific structure(s)/type(s)that has/(have) been explicitly disavowed or excluded oradmitted/implied as prior art in the present specification or incapableof enabling an object/aspect/goal of the invention. Furthermore, wherethe present specification discloses an object, aspect, function, goal,result, or advantage of the invention that a specific prior artstructure and/or method step is similarly capable of performing yet in avery different way, the present invention disclosure is intended to andshall also implicitly include and cover additional correspondingalternative embodiments that are otherwise identical to that explicitlydisclosed except that they exclude such prior art structure(s)/step(s),and shall accordingly be deemed as providing sufficient disclosure tosupport a corresponding negative limitation in a claim claiming suchalternative embodiment(s), which exclude such very different prior artstructure(s)/step(s) way(s).

From reading the present disclosure, other variations and modificationswill be apparent to persons skilled in the art. Such variations andmodifications may involve equivalent and other features which arealready known in the art, and which may be used instead of or inaddition to features already described herein.

Although Claims have been formulated in this Application to particularcombinations of features, it should be understood that the scope of thedisclosure of the present invention also includes any novel feature orany novel combination of features disclosed herein either explicitly orimplicitly or any generalization thereof, whether or not it relates tothe same invention as presently claimed in any Claim and whether or notit mitigates any or all of the same technical problems as does thepresent invention.

Features which are described in the context of separate embodiments mayalso be provided in combination in a single embodiment. Conversely,various features which are, for brevity, described in the context of asingle embodiment, may also be provided separately or in any suitablesubcombination. The Applicants hereby give notice that new Claims may beformulated to such features and/or combinations of such features duringthe prosecution of the present Application or of any further Applicationderived therefrom.

References to “one embodiment,” “an embodiment,” “example embodiment,”“various embodiments,” “some embodiments,” “embodiments of theinvention,” etc., may indicate that the embodiment(s) of the inventionso described may include a particular feature, structure, orcharacteristic, but not every possible embodiment of the inventionnecessarily includes the particular feature, structure, orcharacteristic. Further, repeated use of the phrase “in one embodiment,”or “in an exemplary embodiment,” “an embodiment,” do not necessarilyrefer to the same embodiment, although they may. Moreover, any use ofphrases like “embodiments” in connection with “the invention” are nevermeant to characterize that all embodiments of the invention must includethe particular feature, structure, or characteristic, and should insteadbe understood to mean “at least some embodiments of the invention”include the stated particular feature, structure, or characteristic.

References to “user”, or any similar term, as used herein, may mean ahuman or non-human user thereof. Moreover, “user”, or any similar term,as used herein, unless expressly stipulated otherwise, is contemplatedto mean users at any stage of the usage process, to include, withoutlimitation, direct user(s), intermediate user(s), indirect user(s), andend user(s). The meaning of “user”, or any similar term, as used herein,should not be otherwise inferred or induced by any pattern(s) ofdescription, embodiments, examples, or referenced prior-art that may (ormay not) be provided in the present patent.

References to “end user”, or any similar term, as used herein, isgenerally intended to mean late stage user(s) as opposed to early stageuser(s). Hence, it is contemplated that there may be a multiplicity ofdifferent types of “end user” near the end stage of the usage process.Where applicable, especially with respect to distribution channels ofembodiments of the invention comprising consumed retailproducts/services thereof (as opposed to sellers/vendors or OriginalEquipment Manufacturers), examples of an “end user” may include, withoutlimitation, a “consumer”, “buyer”, “customer”, “purchaser”, “shopper”,“enjoyer”, “viewer”, or individual person or non-human thing benefitingin any way, directly or indirectly, from use of. or interaction, withsome aspect of the present invention.

In some situations, some embodiments of the present invention mayprovide beneficial usage to more than one stage or type of usage in theforegoing usage process. In such cases where multiple embodimentstargeting various stages of the usage process are described, referencesto “end user”, or any similar term, as used therein, are generallyintended to not include the user that is the furthest removed, in theforegoing usage process, from the final user therein of an embodiment ofthe present invention.

Where applicable, especially with respect to retail distributionchannels of embodiments of the invention, intermediate user(s) mayinclude, without limitation, any individual person or non-human thingbenefiting in any way, directly or indirectly, from use of, orinteraction with, some aspect of the present invention with respect toselling, vending, Original Equipment Manufacturing, marketing,merchandising, distributing, service providing, and the like thereof.

References to “person”, “individual”, “human”, “a party”, “animal”,“creature”, or any similar term, as used herein, even if the context orparticular embodiment implies living user, maker, or participant, itshould be understood that such characterizations are sole by way ofexample, and not limitation, in that it is contemplated that any suchusage, making, or participation by a living entity in connection withmaking, using, and/or participating, in any way, with embodiments of thepresent invention may be substituted by such similar performed by asuitably configured non-living entity, to include, without limitation,automated machines, robots, humanoids, computational systems,information processing systems, artificially intelligent systems, andthe like. It is further contemplated that those skilled in the art willreadily recognize the practical situations where such living makers,users, and/or participants with embodiments of the present invention maybe in whole, or in part, replaced with such non-living makers, users,and/or participants with embodiments of the present invention. Likewise,when those skilled in the art identify such practical situations wheresuch living makers, users, and/or participants with embodiments of thepresent invention may be in whole, or in part, replaced with suchnon-living makers, it will be readily apparent in light of the teachingsof the present invention how to adapt the described embodiments to besuitable for such non-living makers, users, and/or participants withembodiments of the present invention. Thus, the invention is thus toalso cover all such modifications, equivalents, and alternatives fallingwithin the spirit and scope of such adaptations and modifications, atleast in part, for such non-living entities.

Headings provided herein are for convenience and are not to be taken aslimiting the disclosure in any way.

The enumerated listing of items does not imply that any or all of theitems are mutually exclusive, unless expressly specified otherwise.

It is understood that the use of specific component, device and/orparameter names are for example only and not meant to imply anylimitations on the invention. The invention may thus be implemented withdifferent nomenclature/terminology utilized to describe themechanisms/units/structures/components/devices/parameters herein,without limitation. Each term utilized herein is to be given itsbroadest interpretation given the context in which that term isutilized.

Terminology. The following paragraphs provide definitions and/or contextfor terms found in this disclosure (including the appended claims):

“Comprising” And “contain” and variations of them—Such terms areopen-ended and mean “including but not limited to”. When employed in theappended claims, this term does not foreclose additional structure orsteps. Consider a claim that recites: “A memory controller comprising asystem cache . . . .” Such a claim does not foreclose the memorycontroller from including additional components (e.g., a memory channelunit, a switch).

“Configured To.” Various units, circuits, or other components may bedescribed or claimed as “configured to” perform a task or tasks. In suchcontexts, “configured to” or “operable for” is used to connote structureby indicating that the mechanisms/units/circuits/components includestructure (e.g., circuitry and/or mechanisms) that performs the task ortasks during operation. As such, the mechanisms/unit/circuit/componentcan be said to be configured to (or be operable) for perform(ing) thetask even when the specified mechanisms/unit/circuit/component is notcurrently operational (e.g., is not on). Themechanisms/units/circuits/components used with the “configured to” or“operable for” language include hardware—for example, mechanisms,structures, electronics, circuits, memory storing program instructionsexecutable to implement the operation, etc. Reciting that amechanism/unit/circuit/component is “configured to” or “operable for”perform(ing) one or more tasks is expressly intended not to invoke 35U.S.C. .sctn.112, sixth paragraph, for thatmechanism/unit/circuit/component. “Configured to” may also includeadapting a manufacturing process to fabricate devices or components thatare adapted to implement or perform one or more tasks.

“Based On.” As used herein, this term is used to describe one or morefactors that affect a determination. This term does not forecloseadditional factors that may affect a determination. That is, adetermination may be solely based on those factors or based, at least inpart, on those factors. Consider the phrase “determine A based on B.”While B may be a factor that affects the determination of A, such aphrase does not foreclose the determination of A from also being basedon C. In other instances, A may be determined based solely on B.

The terms “a”, “an” and “the” mean “one or more”, unless expresslyspecified otherwise.

All terms of exemplary language (e.g., including, without limitation,“such as”, “like”, “for example”, “for instance”, “similar to”, etc.)are not exclusive of any other, potentially, unrelated, types ofexamples; thus, implicitly mean “by way of example, and not limitation .. . ”, unless expressly specified otherwise.

Unless otherwise indicated, all numbers expressing conditions,concentrations, dimensions, and so forth used in the specification andclaims are to be understood as being modified in all instances by theterm “about.” Accordingly, unless indicated to the contrary, thenumerical parameters set forth in the following specification andattached claims are approximations that may vary depending at least upona specific analytical technique.

The term “comprising,” which is synonymous with “including,”“containing,” or “characterized by” is inclusive or open-ended and doesnot exclude additional, unrecited elements or method steps. “Comprising”is a term of art used in claim language which means that the named claimelements are essential, but other claim elements may be added and stillform a construct within the scope of the claim.

As used herein, the phase “consisting of” excludes any element, step, oringredient not specified in the claim. When the phrase “consists of” (orvariations thereof) appears in a clause of the body of a claim, ratherthan immediately following the preamble, it limits only the element setforth in that clause; other elements are not excluded from the claim asa whole. As used herein, the phase “consisting essentially of” and“consisting of” limits the scope of a claim to the specified elements ormethod steps, plus those that do not materially affect the basis andnovel characteristic(s) of the claimed subject matter (see Norian Corp.v Stryker Corp., 363 F.3d 1321, 1331-32, 70 USPQ2d 1508, Fed. Cir.2004). Moreover, for any claim of the present invention which claims anembodiment “consisting essentially of” or “consisting of” a certain setof elements of any herein described embodiment it shall be understood asobvious by those skilled in the art that the present invention alsocovers all possible varying scope variants of any describedembodiment(s) that are each exclusively (i.e., “consisting essentiallyof”) functional subsets or functional combination thereof such that eachof these plurality of exclusive varying scope variants each consistsessentially of any functional subset(s) and/or functional combination(s)of any set of elements of any described embodiment(s) to the exclusionof any others not set forth therein. That is, it is contemplated that itwill be obvious to those skilled how to create a multiplicity ofalternate embodiments of the present invention that simply consistingessentially of a certain functional combination of elements of anydescribed embodiment(s) to the exclusion of any others not set forththerein, and the invention thus covers all such exclusive embodiments asif they were each described herein.

With respect to the terms “comprising,” “consisting of,” and “consistingessentially of,” where one of these three terms is used herein, thedisclosed and claimed subject matter may include the use of either ofthe other two terms. Thus in some embodiments not otherwise explicitlyrecited, any instance of “comprising” may be replaced by “consisting of”or, alternatively, by “consisting essentially of”, and thus, for thepurposes of claim support and construction for “consisting of” formatclaims, such replacements operate to create yet other alternativeembodiments “consisting essentially of” only the elements recited in theoriginal “comprising” embodiment to the exclusion of all other elements.

Moreover, any claim limitation phrased in functional limitation termscovered by 35 USC § 112(6) (post AIA 112(f)) which has a preambleinvoking the closed terms “consisting of,” or “consisting essentiallyof,” should be understood to mean that the corresponding structure(s)disclosed herein define the exact metes and bounds of what the soclaimed invention embodiment(s) consists of, or consisting essentiallyof, to the exclusion of any other elements which do not materiallyaffect the intended purpose of the so claimed embodiment(s).

Devices or system modules that are in at least general communicationwith each other need not be in continuous communication with each other,unless expressly specified otherwise. In addition, devices or systemmodules that are in at least general communication with each other maycommunicate directly or indirectly through one or more intermediaries.Moreover, it is understood that any system components described or namedin any embodiment or claimed herein may be grouped or sub-grouped (andaccordingly implicitly renamed) in any combination or sub-combination asthose skilled in the art can imagine as suitable for the particularapplication, and still be within the scope and spirit of the claimedembodiments of the present invention. For an example of what this means,if the invention was a controller of a motor and a valve and theembodiments and claims articulated those components as being separatelygrouped and connected, applying the foregoing would mean that such aninvention and claims would also implicitly cover the valve being groupedinside the motor and the controller being a remote controller with nodirect physical connection to the motor or internalized valve, as suchthe claimed invention is contemplated to cover all ways of groupingand/or adding of intermediate components or systems that stillsubstantially achieve the intended result of the invention.

A description of an embodiment with several components in communicationwith each other does not imply that all such components are required. Onthe contrary a variety of optional components are described toillustrate the wide variety of possible embodiments of the presentinvention.

As is well known to those skilled in the art many careful considerationsand compromises typically must be made when designing for the optimalmanufacture of a commercial implementation any system, and inparticular, the embodiments of the present invention. A commercialimplementation in accordance with the spirit and teachings of thepresent invention may configured according to the needs of theparticular application, whereby any aspect(s), feature(s), function(s),result(s), component(s), approach(es), or step(s) of the teachingsrelated to any described embodiment of the present invention may besuitably omitted, included, adapted, mixed and matched, or improvedand/or optimized by those skilled in the art, using their average skillsand known techniques, to achieve the desired implementation thataddresses the needs of the particular application.

In the following description and claims, the terms “coupled” and“connected,” along with their derivatives, may be used. It should beunderstood that these terms are not intended as synonyms for each other.Rather, in particular embodiments, “connected” may be used to indicatethat two or more elements are in direct physical or electrical contactwith each other. “Coupled” may mean that two or more elements are indirect physical or electrical contact. However, “coupled” may also meanthat two or more elements are not in direct contact with each other, butyet still cooperate or interact with each other.

A “computer” may refer to one or more apparatus and/or one or moresystems that are capable of accepting a structured input, processing thestructured input according to prescribed rules, and producing results ofthe processing as output. Examples of a computer may include: acomputer; a stationary and/or portable computer; a computer having asingle processor, multiple processors, or multi-core processors, whichmay operate in parallel and/or not in parallel; a general purposecomputer; a supercomputer; a mainframe; a super mini-computer; amini-computer; a workstation; a micro-computer; a server; a client; aninteractive television; a web appliance; a telecommunications devicewith internet access; a hybrid combination of a computer and aninteractive television; a portable computer; a tablet personal computer(PC); a personal digital assistant (PDA); a portable telephone;application-specific hardware to emulate a computer and/or software,such as, for example, a digital signal processor (DSP), afield-programmable gate array (FPGA), an application specific integratedcircuit (ASIC), an application specific instruction-set processor(ASIP), a chip, chips, a system on a chip, or a chip set; a dataacquisition device; an optical computer; a quantum computer; abiological computer; and generally, an apparatus that may accept data,process data according to one or more stored software programs, generateresults, and typically include input, output, storage, arithmetic,logic, and control units.

Those of skill in the art will appreciate that where appropriate, someembodiments of the disclosure may be practiced in network computingenvironments with many types of computer system configurations,including personal computers, hand-held devices, multi-processorsystems, microprocessor-based or programmable consumer electronics,network PCs, minicomputers, mainframe computers, and the like. Whereappropriate, embodiments may also be practiced in distributed computingenvironments where tasks are performed by local and remote processingdevices that are linked (either by hardwired links, wireless links, orby a combination thereof) through a communications network. In adistributed computing environment, program modules may be located inboth local and remote memory storage devices.

“Software” may refer to prescribed rules to operate a computer. Examplesof software may include: code segments in one or more computer-readablelanguages; graphical and or/textual instructions; applets; pre-compiledcode; interpreted code; compiled code; and computer programs.

The example embodiments described herein can be implemented in anoperating environment comprising computer-executable instructions (e.g.,software) installed on a computer, in hardware, or in a combination ofsoftware and hardware. The computer-executable instructions can bewritten in a computer programming language or can be embodied infirmware logic. If written in a programming language conforming to arecognized standard, such instructions can be executed on a variety ofhardware platforms and for interfaces to a variety of operating systems.Although not limited thereto, computer software program code forcarrying out operations for aspects of the present invention can bewritten in any combination of one or more suitable programminglanguages, including an object oriented programming languages and/orconventional procedural programming languages, and/or programminglanguages such as, for example, Hyper text Markup Language (HTML),Dynamic HTML, Extensible Markup Language (XML), Extensible StylesheetLanguage (XSL), Document Style Semantics and Specification Language(DSSSL), Cascading Style Sheets (CSS), Synchronized MultimediaIntegration Language (SMIL), Wireless Markup Language (WML), Java™,Jini™, C, C++, Smalltalk, Perl, UNIX Shell, Visual Basic or Visual BasicScript, Virtual Reality Markup Language (VRML), ColdFusion™ or othercompilers, assemblers, interpreters or other computer languages orplatforms.

Computer program code for carrying out operations for aspects of thepresent invention may be written in any combination of one or moreprogramming languages, including an object oriented programming languagesuch as Java, Smalltalk, C++ or the like and conventional proceduralprogramming languages, such as the “C” programming language or similarprogramming languages. The program code may execute entirely on theuser's computer, partly on the user's computer, as a stand-alonesoftware package, partly on the user's computer and partly on a remotecomputer or entirely on the remote computer or server. In the latterscenario, the remote computer may be connected to the user's computerthrough any type of network, including a local area network (LAN) or awide area network (WAN), or the connection may be made to an externalcomputer (for example, through the Internet using an Internet ServiceProvider).

A network is a collection of links and nodes (e.g., multiple computersand/or other devices connected together) arranged so that informationmay be passed from one part of the network to another over multiplelinks and through various nodes. Examples of networks include theInternet, the public switched telephone network, the global Telexnetwork, computer networks (e.g., an intranet, an extranet, a local-areanetwork, or a wide-area network), wired networks, and wireless networks.

The Internet is a worldwide network of computers and computer networksarranged to allow the easy and robust exchange of information betweencomputer users. Hundreds of millions of people around the world haveaccess to computers connected to the Internet via Internet ServiceProviders (ISPs). Content providers (e.g., website owners or operators)place multimedia information (e.g., text, graphics, audio, video,animation, and other forms of data) at specific locations on theInternet referred to as webpages. Websites comprise a collection ofconnected, or otherwise related, webpages. The combination of all thewebsites and their corresponding webpages on the Internet is generallyknown as the World Wide Web (WWW) or simply the Web.

Aspects of the present invention are described below with reference toflowchart illustrations and/or block diagrams of methods, apparatus(systems) and computer program products according to embodiments of theinvention. It will be understood that each block of the flowchartillustrations and/or block diagrams, and combinations of blocks in theflowchart illustrations and/or block diagrams, can be implemented bycomputer program instructions. These computer program instructions maybe provided to a processor of a general purpose computer, specialpurpose computer, or other programmable data processing apparatus toproduce a machine, such that the instructions, which execute via theprocessor of the computer or other programmable data processingapparatus, create means for implementing the functions/acts specified inthe flowchart and/or block diagram block or blocks.

The flowchart and block diagrams in the figures illustrate thearchitecture, functionality, and operation of possible implementationsof systems, methods and computer program products according to variousembodiments. In this regard, each block in the flowchart or blockdiagrams may represent a module, segment, or portion of code, whichcomprises one or more executable instructions for implementing thespecified logical function(s). It should also be noted that, in somealternative implementations, the functions noted in the block may occurout of the order noted in the figures. For example, two blocks shown insuccession may, in fact, be executed substantially concurrently, or theblocks may sometimes be executed in the reverse order, depending uponthe functionality involved. It will also be noted that each block of theblock diagrams and/or flowchart illustration, and combinations of blocksin the block diagrams and/or flowchart illustration, can be implementedby special purpose hardware-based systems that perform the specifiedfunctions or acts, or combinations of special purpose hardware andcomputer instructions.

These computer program instructions may also be stored in a computerreadable medium that can direct a computer, other programmable dataprocessing apparatus, or other devices to function in a particularmanner, such that the instructions stored in the computer readablemedium produce an article of manufacture including instructions whichimplement the function/act specified in the flowchart and/or blockdiagram block or blocks.

Further, although process steps, method steps, algorithms or the likemay be described in a sequential order, such processes, methods andalgorithms may be configured to work in alternate orders. In otherwords, any sequence or order of steps that may be described does notnecessarily indicate a requirement that the steps be performed in thatorder. The steps of processes described herein may be performed in anyorder practical. Further, some steps may be performed simultaneously.

It will be readily apparent that the various methods and algorithmsdescribed herein may be implemented by, e.g., appropriately programmedgeneral purpose computers and computing devices. Typically a processor(e.g., a microprocessor) will receive instructions from a memory or likedevice, and execute those instructions, thereby performing a processdefined by those instructions. Further, programs that implement suchmethods and algorithms may be stored and transmitted using a variety ofknown media.

When a single device or article is described herein, it will be readilyapparent that more than one device/article (whether or not theycooperate) may be used in place of a single device/article. Similarly,where more than one device or article is described herein (whether ornot they cooperate), it will be readily apparent that a singledevice/article may be used in place of the more than one device orarticle.

The functionality and/or the features of a device may be alternativelyembodied by one or more other devices which are not explicitly describedas having such functionality/features. Thus, other embodiments of thepresent invention need not include the device itself.

The term “computer-readable medium” as used herein refers to any mediumthat participates in providing data (e.g., instructions) which may beread by a computer, a processor or a like device. Such a medium may takemany forms, including but not limited to, non-volatile media, volatilemedia, and transmission media. Non-volatile media include, for example,optical or magnetic disks and other persistent memory. Volatile mediainclude dynamic random access memory (DRAM), which typically constitutesthe main memory. Transmission media include coaxial cables, copper wireand fiber optics, including the wires that comprise a system bus coupledto the processor. Transmission media may include or convey acousticwaves, light waves and electromagnetic emissions, such as thosegenerated during radio frequency (RF) and infrared (IR) datacommunications. Common forms of computer-readable media include, forexample, a floppy disk, a flexible disk, hard disk, magnetic tape, anyother magnetic medium, a CD-ROM, DVD, any other optical medium, punchcards, paper tape, any other physical medium with patterns of holes, aRAM, a PROM, an EPROM, a FLASH-EEPROM, removable media, flash memory, a“memory stick”, any other memory chip or cartridge, a carrier wave asdescribed hereinafter, or any other medium from which a computer canread.

Various forms of computer readable media may be involved in carryingsequences of instructions to a processor. For example, sequences ofinstruction (i) may be delivered from RAM to a processor, (ii) may becarried over a wireless transmission medium, and/or (iii) may beformatted according to numerous formats, standards or protocols, such asBluetooth®, TDMA, CDMA, 3G.

Where databases are described, it will be understood by one of ordinaryskill in the art that (i) alternative database structures to thosedescribed may be readily employed, (ii) other memory structures besidesdatabases may be readily employed. Any schematic illustrations andaccompanying descriptions of any sample databases presented herein areexemplary arrangements for stored representations of information. Anynumber of other arrangements may be employed besides those suggested bythe tables shown. Similarly, any illustrated entries of the databasesrepresent exemplary information only; those skilled in the art willunderstand that the number and content of the entries can be differentfrom those illustrated herein. Further, despite any depiction of thedatabases as tables, an object-based model could be used to store andmanipulate the data types of the present invention and likewise, objectmethods or behaviors can be used to implement the processes of thepresent invention.

A “computer system” may refer to a system having one or more computers,where each computer may include a computer-readable medium embodyingsoftware to operate the computer or one or more of its components.Examples of a computer system may include: a distributed computer systemfor processing information via computer systems linked by a network; twoor more computer systems connected together via a network fortransmitting and/or receiving information between the computer systems;a computer system including two or more processors within a singlecomputer; and one or more apparatuses and/or one or more systems thatmay accept data, may process data in accordance with one or more storedsoftware programs, may generate results, and typically may includeinput, output, storage, arithmetic, logic, and control units.

A “network” may refer to a number of computers and associated devicesthat may be connected by communication facilities. A network may involvepermanent connections such as cables or temporary connections such asthose made through telephone or other communication links. A network mayfurther include hard-wired connections (e.g., coaxial cable, twistedpair, optical fiber, waveguides, etc.) and/or wireless connections(e.g., radio frequency waveforms, free-space optical waveforms, acousticwaveforms, etc.). Examples of a network may include: an internet, suchas the Internet; an intranet; a local area network (LAN); a wide areanetwork (WAN); and a combination of networks, such as an internet and anintranet.

As used herein, the “client-side” application should be broadlyconstrued to refer to an application, a page associated with thatapplication, or some other resource or function invoked by a client-siderequest to the application. A “browser” as used herein is not intendedto refer to any specific browser (e.g., Internet Explorer, Safari,FireFox, or the like), but should be broadly construed to refer to anyclient-side rendering engine that can access and displayInternet-accessible resources. A “rich” client typically refers to anon-HTTP based client-side application, such as an SSH or CFIS client.Further, while typically the client-server interactions occur usingHTTP, this is not a limitation either. The client server interaction maybe formatted to conform to the Simple Object Access Protocol (SOAP) andtravel over HTTP (over the public Internet), FTP, or any other reliabletransport mechanism (such as IBM® MQSeries® technologies and CORBA, fortransport over an enterprise intranet) may be used. Any application orfunctionality described herein may be implemented as native code, byproviding hooks into another application, by facilitating use of themechanism as a plug-in, by linking to the mechanism, and the like.

Exemplary networks may operate with any of a number of protocols, suchas Internet protocol (IP), asynchronous transfer mode (ATM), and/orsynchronous optical network (SONET), user datagram protocol (UDP), IEEE802.x, etc.

Embodiments of the present invention may include apparatuses forperforming the operations disclosed herein. An apparatus may bespecially constructed for the desired purposes, or it may comprise ageneral-purpose device selectively activated or reconfigured by aprogram stored in the device.

Embodiments of the invention may also be implemented in one or acombination of hardware, firmware, and software. They may be implementedas instructions stored on a machine-readable medium, which may be readand executed by a computing platform to perform the operations describedherein.

More specifically, as will be appreciated by one skilled in the art,aspects of the present invention may be embodied as a system, method orcomputer program product. Accordingly, aspects of the present inventionmay take the form of an entirely hardware embodiment, an entirelysoftware embodiment (including firmware, resident software, micro-code,etc.) or an embodiment combining software and hardware aspects that mayall generally be referred to herein as a “circuit,” “module” or“system.” Furthermore, aspects of the present invention may take theform of a computer program product embodied in one or more computerreadable medium(s) having computer readable program code embodiedthereon.

In the following description and claims, the terms “computer programmedium” and “computer readable medium” may be used to generally refer tomedia such as, but not limited to, removable storage drives, a hard diskinstalled in hard disk drive, and the like. These computer programproducts may provide software to a computer system. Embodiments of theinvention may be directed to such computer program products.

An algorithm is here, and generally, considered to be a self-consistentsequence of acts or operations leading to a desired result. Theseinclude physical manipulations of physical quantities. Usually, thoughnot necessarily, these quantities take the form of electrical ormagnetic signals capable of being stored, transferred, combined,compared, and otherwise manipulated. It has proven convenient at times,principally for reasons of common usage, to refer to these signals asbits, values, elements, symbols, characters, terms, numbers or the like.It should be understood, however, that all of these and similar termsare to be associated with the appropriate physical quantities and aremerely convenient labels applied to these quantities.

Unless specifically stated otherwise, and as may be apparent from thefollowing description and claims, it should be appreciated thatthroughout the specification descriptions utilizing terms such as“processing,” “computing,” “calculating,” “determining,” or the like,refer to the action and/or processes of a computer or computing system,or similar electronic computing device, that manipulate and/or transformdata represented as physical, such as electronic, quantities within thecomputing system's registers and/or memories into other data similarlyrepresented as physical quantities within the computing system'smemories, registers or other such information storage, transmission ordisplay devices.

Additionally, the phrase “configured to” or “operable for” can includegeneric structure (e.g., generic circuitry) that is manipulated bysoftware and/or firmware (e.g., an FPGA or a general-purpose processorexecuting software) to operate in a manner that is capable of performingthe task(s) at issue. “Configured to” may also include adapting amanufacturing process (e.g., a semiconductor fabrication facility) tofabricate devices (e.g., integrated circuits) that are adapted toimplement or perform one or more tasks.

In a similar manner, the term “processor” may refer to any device orportion of a device that processes electronic data from registers and/ormemory to transform that electronic data into other electronic data thatmay be stored in registers and/or memory. A “computing platform” maycomprise one or more processors.

Embodiments within the scope of the present disclosure may also includetangible and/or non-transitory computer-readable storage media forcarrying or having computer-executable instructions or data structuresstored thereon. Such non-transitory computer-readable storage media canbe any available media that can be accessed by a general purpose orspecial purpose computer, including the functional design of any specialpurpose processor as discussed above. By way of example, and notlimitation, such non-transitory computer-readable media can include RAM,ROM, EEPROM, CD-ROM or other optical disk storage, magnetic disk storageor other magnetic storage devices, or any other medium which can be usedto carry or store desired program code means in the form ofcomputer-executable instructions, data structures, or processor chipdesign. When information is transferred or provided over a network oranother communications connection (either hardwired, wireless, orcombination thereof) to a computer, the computer properly views theconnection as a computer-readable medium. Thus, any such connection isproperly termed a computer-readable medium. Combinations of the aboveshould also be included within the scope of the computer-readable media.

While a non-transitory computer readable medium includes, but is notlimited to, a hard drive, compact disc, flash memory, volatile memory,random access memory, magnetic memory, optical memory, semiconductorbased memory, phase change memory, optical memory, periodicallyrefreshed memory, and the like; the non-transitory computer readablemedium, however, does not include a pure transitory signal per se; i.e.,where the medium itself is transitory.

It is to be understood that any exact measurements/dimensions orparticular construction materials indicated herein are solely providedas examples of suitable configurations and are not intended to belimiting in any way. Depending on the needs of the particularapplication, those skilled in the art will readily recognize, in lightof the following teachings, a multiplicity of suitable alternativeimplementation details.

Embodiments of the invention disclosed herein relate to audio systems.More particularly embodiments of the invention disclosed herein relatedto a Bluetooth® type headphone or headset i.e., a headphone with awireless transceiver. It will be appreciated by a person with ordinaryskill in the art, in light of and in accordance with the teachings ofthe present invention, that the Bluetooth® chips transmit over a shortrange (about 30 feet) and consume very little power. Accordingly, in oneembodiment is provided, a primary module. The headphone may be inworking communication with a computer device, wherein the primary modulemay include a Bluetooth® transceiver to receive audio signals to andfrom the computer device. In one embodiment, the primary module may alsohouse a stereo amplifier and two speakers which may direct their soundoutput upward through flexible and rigid sound tubes to ergonomicallydesigned ear buds. The primary module may include buttons for switchingthe headphone “ON” or “OFF”. For example, if the primary module isconnected a phone device, a user may choose to answer an incoming phonecall either by pressing the “answer phone” button on the primary moduleor by pressing the “answer phone” display on the phone. The user mayterminate the call in a similar manner, i.e., either by pressing the“terminate phone or hang-Up” button on the primary module or by pressingthe “terminate phone” display on the phone.

FIG. 1 illustrates an audio system 100, in accordance with an embodimentof the present invention. As shown in FIG. 1, the audio system 100includes a pair of ergonomically designed ear buds 110, a sound tube112, a hang up button 116, an answer button 118, a charging port 120, adigital audio player port 122, a wireless transceiver module 124, aspring clip 126, and a micro phone 128. In one embodiment, the soundtube 112 may include a rigid sound tube portion 113 and a flexible soundtube 114. It will be appreciated by a person with ordinary skill in theart, in light of and in accordance with the teachings of the presentinvention, that in one embodiment the answer button and the hang upbutton may include a single button that may operate to switch-ON andswitch-OFF the microphone using methods known in the art. The wirelesstransceiver module 124 may house a battery or a rechargeable battery,speakers, and transducers. In one exemplary embodiment, the spring clipmay include a stethoscope style spring clip. Hang up button 116, answerbutton 118, charging port 120, digital audio player port 122 (forexample, an mp3 port), wireless transceiver module 124, and micro phone128 may be housed in a primary module 132. The headphone may be inworking communication with a user's computer system. The computer systemmay include, but not be limited to, a smartphone, a tablet, a personalcomputer, and the like devices. The headphone may transmit and receiveaudio signals to and from the Bluetooth® transceiver in the primarymodule. As mentioned hereinbefore, in an exemplary embodiment, when theuser is using headphone 100 with a mobile phone, the user may choose toanswer the phone by pressing answer button 118 on primary module 132 ofheadphone 100 or by using the answer link on the phone itself.Similarly, the user may choose to hang-up the phone by pressing hang-upbutton 116 on primary module 132 of headphone 100 or by using thehang-up link on the phone itself.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that the headphones may be charged in any convenient manner available tothe user. In one embodiment, headphone 100 may be connected to asuitable power system with wires via charging port 120 for chargingheadphone 100, for example, using a C type USB charging port on theprimary module. In another embodiment, the headphones may be chargedwirelessly 130. Flexible sound tube 114 may connect the speakers inprimary module 130 to rigid sound tubes 112 which then carries the soundto a user's ears without the use of wires. It will be appreciated by aperson with ordinary skill in the art, in light of and in accordancewith the teachings of the present invention, that maintaining asubstantial distance between the primary module and the ear buds maylimit the electromagnetic field (EMF) near a user's head. Spring 126which connects the rigid sound tubes 112 may tend to pull the rigidsound tubes together, enabling the user to quickly and easily switchbetween two different ways to wear the device and also to easily removeit or put it back on, in a way similar to wearing a stethoscope.

In one embodiment, to place the ear buds in the ears the user may gentlypull the rigid sound tubes outward to the right and left side and theninsert them in the ear canal. Once thus positioned, the user may allowthe headphones to hang below the user's chin or raise it up so that themicrophone may be directly in front of the user's mouth, which might benecessary in windy or noisy conditions so that user's voice will belouder at and in the proximity of the microphone over the surroundingsounds.

In one embodiment, when the headphone is not in use the user may gentlypull the rigid sound tubes away from the user's head and drop theheadphone down so that it “hugs” the user's neck, for example, like amedical stethoscope. The headphone may not interfere with the user'sother activities but may always be handy for the user, for example, toquickly answer the phone, listen to music, etc.

FIG. 2 illustrates an architecture 200 for an audio system, inaccordance with an embodiment of the present invention. An audio systemarchitecture 200 may comprise a computing system 212. The computingsystem 212 includes a voice capture module 216, a sensor module 218, adatabase module 221, an information processing, formatting, andorganizing module 220, a wireless communication sending module 222, awireless communication receiving module 223, a display module 224, aninterface module 226, and a heuristic module 228. The voice capturemodule 216, may have a means of capturing the voice, such as, withoutlimitation, a voice recorder or virtually any voice recorder, of theexternal input devices 210. The sensor module 218, may have a means ofsensing various parameters involved in communication including sensingthe touch when a user touches the answer button or hang-up button, orsensing the wireless communication from input devices, and the like.Information processing, formatting, and organizing module 220 may have ameans of processing a touch sense, a voice, and the gathered physicalinformation and sensor information, such as, without limitation, aprocessing unit, a computer, or a server to execute computer code and/oralgorithms from a non-transitory computer readable medium for voice, andsensor parameter recognition. A wireless communication sending module222 and a wireless communication receiving module 223 may have a meansof sending and receiving information received from a computer device toa user or from a charging device to the headphones. A display module 224may have a means to display to the user to enable the user to provideinput information to the headphones, enable the user to view the outputinformation from the headphones, enable the user to stop inputinformation to the head phones, etc. An interface module 226 may have aprocessing means such as, without limitation, a processing unit, acomputer, or a server to execute computer code and/or algorithms from anon-transitory computer readable medium for interfacing between thevarious modules. A heuristic module 232 may have a processing means suchas, without limitation, a processing unit, a computer, or a server toexecute computer code and/or algorithms from a non-transitory computerreadable medium for processing the data/information provided by the dataanalyzing module and providing pointers to the user based on aself-learning model, for example, direct user to recently used orfrequently used phone call or message list, music list, etc. It will beappreciated by a person with ordinary skill in the art, in light of andin accordance with the teachings of the present invention, thatvirtually any algorithm and/or computer code may be used to self-learnusing the heuristic module 228. Self-learning algorithms and/or methodsmay include, without limitation, the use of artificial intelligence,however, the development of self-learning algorithms are really the newor current state-of-the-art if coupled with smart sensors andelectromechanical systems the opportunities are infinite.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that one or more modules may be embodied in a single device. In analternative embodiment of the present invention, all modules except thedisplay module may be embodied in the computing device of the audiosystem. The information from a computing device may be related orcommunicated to the user form the user's personal computer, laptopdevice, smart phone device, etc. via the headphones.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that virtually any algorithm and/or computer code may be used torecognize and capture a sound/voice on the voice capture module 216 andthe information processing, formatting, and organizing module 220. Voicerecognition algorithms and/or methods may include, without limitation,Bayesian networks, fuzzy logic, neural networks, template matching,Hidden Markov models, machine learning, data mining, feature extractionand data analysis/statistics, optical character recognition, etc. In analternative embodiment of the present invention, a binary search treemay be implemented to extract data from a voice.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that virtually any algorithm and/or computer code may be used torecognize and capture a touch sense on a sensor module 218 and theinformation processing, formatting, and organizing module 220. It willbe appreciated by a person with ordinary skill in the art, in light ofand in accordance with the teachings of the present invention, thatvirtually any algorithm and/or computer code may be used to recognizeand capture a touch sense on the sensor module 218 and the informationprocessing, formatting, and organizing module 220. Surround senserecognition algorithms, for example, for sensing touch may include,without limitation, Bayesian networks, fuzzy logic, neural networks,template matching, Hidden Markov models, machine learning, data mining,feature extraction and data analysis/statistics, optical characterrecognition, etc. In an alternative embodiment of the present invention,a binary search tree may be implemented to extract data from a sensoryinformation.

Voice recognition algorithms and/or methods may include, withoutlimitation, Bayesian networks, fuzzy logic, neural networks, templatematching, Hidden Markov models, machine learning, data mining, featureextraction and data analysis/statistics, optical character recognition,etc. In an alternative embodiment of the present invention, a binarysearch tree may be implemented to extract data from a voice.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that there may be a plurality of the same modules in the audio systemarchitecture 200. A plurality of modules such as, without limitation, avoice capture module 216, a sensor module 218, a database module 221, aninformation processing, formatting, and organizing module 220, awireless communication sending module 222, a wireless communicationreceiving module 223, a display module 224, an interface module 226, anda heuristic module 228 may be present in an audio system disclosedherein. The plurality of similar modules may work in parallel orindependently to improve the throughput of an audio system architecture200. In an alternative embodiment of the present invention, a pluralityof capture, processing, formatting, and organizing, generation, display,interface, communication, heuristic, and storage modules may beconnected to an audio system via wireless connections to accessresources from different wired and wireless networks. In still anotheralternative embodiment of the present invention, a plurality of similarmodules may form a secondary audio system capable of seamlesslysubstituting an errant module.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that one or more modules may transmit capture information to a techsupport server that is on an accessible network or over the internet. Inan alternative embodiment of the present invention, additional capturedinformation may be sent to a server to alleviate processing load on asystem. Accordingly, the architecture may support a local home networkwhere the sensor devices can connect to a local CPU/GPU combination foredge-based computing along with a cloud network connection which mayallow for improved performance and reliability along with scale andstorage and for continuous fine tuning of the algorithms and analysis ofperformance.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that any module in audio system architecture 200 may perform datamanipulation. Data manipulation such as, but not limited to,compression, encryption, formatting. In an alternative embodiment of thepresent invention, any module sending data may first compress the dataprior to data transmission.

FIG. 3 illustrates a photograph of an exemplary prototype of an audiosystem, in accordance with an embodiment of the present invention. Asshown in FIG. 3, the headphones described herein may be designed like astethoscope. As shown in FIG. 3, the audio system 300 includes a pair ofergonomically designed ear buds 110, a sound tube 112, a flexible soundtube 114, a hang up button 116, an answer button 118, a charging port(not shown in figure), an digital audio player port (not shown infigure), a Bluetooth® receiver module (not shown in figure), astethoscope style spring clip 126, and a micro phone 128. The Bluetooth®receiver module may house a rechargeable battery, andspeakers/transducers. Hang up button 116, answer button 118, chargingport, digital audio player port, Bluetooth® receiver module, and microphone 128 may be housed in a primary module 132. The headphone may be inworking communication with a user's computer system. The computer systemmay include, but not be limited to, a smartphone, a tablet, a personalcomputer, and the like devices. The headphone may transmit and receiveaudio signals to and from the Bluetooth® transceiver in the primarymodule.

FIG. 4 illustrates a side view photograph 400 of an exemplary prototypeof an audio system being used by a user, in accordance with anembodiment of the present invention. As shown in FIG. 4, a user 418 iswearing an audio system, i.e., a headphone disclosed herein. Audiosystem 400 includes a soft tip ergonomic ear bud 410, a transition tube412 (i.e., a flexible tube), a main sound tube 414 (i.e., a rigid tube),and a speaker 416. In various embodiments, a flexible tube may bedisposed either between the primary module and the rigid hollow tubes,or between the ear buds and the rigid hollow tube, or in both thesepositions of the audio system.

FIG. 5 illustrates a front view photograph 500 of an exemplary prototypeof an audio system being used by a user, in accordance with anembodiment of the present invention. As shown in FIG. 5, a user 518 iswearing an audio system, i.e., a headphone as described herein. Theplacement of the various parts of the audio system 500, i.e., microphone128 located relatively close to the mouth in fixed position, spring 126to hold the sound tubes in place, answer button 118 (shown as a greenbutton on primary module 132), with reference to user 518 is shown. Itwill be appreciated by a person with ordinary skill in the art, in lightof and in accordance with the teachings of the present invention, thatwind or other external sources of noise may not be a concern because themicrophone will be situated directly in front of a user's mouth ensuringoptimum signal to noise ratio. In one exemplary embodiment, microphone128 may be located on primary module 132 hanging under the chin, whichmay be capable of rotating forward in front of the mouth. It will beappreciated by a person with ordinary skill in the art, in light of andin accordance with the teachings of the present invention, that theprimary module 132 may be fabricated in any suitable shape as long it isable to accommodate the answer button, the hang-up button, themicrophone, the wireless transceivers, the digital audio port, and otherrequired features. Suitable shapes of the primary module 132 include,but are not limited to, rectangular, oval, leaf shaped, shaped accordingto user's sun sign, and the like. In an exemplary embodiment, the audiosystem may include a microphone and a sound tube assembly as anintegrated rigid component connected to each other by a sort of leaftype spring with the primary module, i.e., the electronics modulesuspended in between.

It will be appreciated by a person with ordinary skill in the art, inlight of and in accordance with the teachings of the present invention,that the various parts of the audio system described herein like the earbuds, the flexible tube, the rigid tube, the primary module, etc. may bemade of materials and in shapes and sizes suitable for the purposedescribed herein. For example, the earbuds may be made of siliconeincluding medical grade and hypoallergent material, rubber, and the likematerials. For example, the rigid tubes may be made of polycarbonate.

In an exemplary embodiment, the audio system disclosed herein includes aBluetooth® stereo transceiver with two small audio speakers emittingsound through a short flexible hollow tube connected to a longer rigidhollow tube leading to ergonomically designed ear buds at the uppertips, and is fashioned in the form of a stethoscope. The rigid hollowtubes carrying the sound from the speaker to the ear keep electronicsaway from the brain. In one embodiment, the audio system includes a leaftype spring pulling the longer rigid hollow tubes together so that theear buds may either stay comfortably inserted into a user's ears when inuse or, alternatively, they may “hug” the neck of the wearer when not inuse, thereby providing a “hands free” method of either wearing thedevice in a position ready for quick and easy access, or easily poppingthe ear buds into a user's ears in order to answer a telephone call orto listen to music, radio or any other recorded or broadcast audioservice. As mentioned herein before the audio system may include wiredor wireless charging system.

Accordingly, the audio system described herein may have variousadvantages including but not limited to, (i) the audio system mayutilize rigid hollow tubes pulled together by a spring to carry thesound from the miniature stereo speakers to the ears. This may keep thecomponents that are ultra-light snugly but comfortably supported by theears while ensuring that the soft tip ergonomically designed ear budsremain inserted for optimal sound quality. This may also reduce risk tothe health of the wearer by keeping electronic components further awayfrom the brain; (ii) The audio system may place the microphone which isadjustable, just below or in front of a user's mouth the mouth ensuringthat the user's voice will be received loudly and clearly minimizinginterference from any unwanted background noise; (iii) The absence ofexposed wires may eliminate the issue of tangled or broken wires whilemaking the device easier and faster to put on or take off and easier tostore or charge when not in use; and (iv) wireless charging capability(charger included) may virtually eliminate the need to constantlyconnect and disconnect charging cables/plugs.

Those skilled in the art will readily recognize, in light of and inaccordance with the teachings of the present invention, that any of theforegoing steps and/or system modules may be suitably replaced,reordered, removed and additional steps and/or system modules may beinserted depending upon the needs of the particular application, andthat the systems of the foregoing embodiments may be implemented usingany of a wide variety of suitable processes and system modules, and isnot limited to any particular computer hardware, software, middleware,firmware, microcode and the like. For any method steps described in thepresent application that can be carried out on a computing machine, atypical computer system can, when appropriately configured or designed,serve as a computer system in which those aspects of the invention maybe embodied. Such computers referenced and/or described in thisdisclosure may be any kind of computer, either general purpose, or somespecific purpose computer such as, but not limited to, a workstation, amainframe, GPU, ASIC, etc. The programs may be written in C, or Java,Brew or any other suitable programming language. The programs may beresident on a storage medium, e.g., magnetic or optical, e.g., withoutlimitation, the computer hard drive, a removable disk or media such as,without limitation, a memory stick or SD media, or other removablemedium. The programs may also be run over a network, for example, with aserver or other machine sending signals to the local machine, whichallows the local machine to carry out the operations described herein.

FIG. 6 illustrates a block diagram depicting a conventionalclient/server communication system, which may be used by an exemplaryweb-enabled/networked embodiment of the present invention.

A communication system 600 includes a multiplicity of networked regionswith a sampling of regions denoted as a network region 602 and a networkregion 604, a global network 606 and a multiplicity of servers with asampling of servers denoted as a server device 608 and a server device610.

Network region 602 and network region 604 may operate to represent anetwork contained within a geographical area or region. Non-limitingexamples of representations for the geographical areas for the networkedregions may include postal zip codes, telephone area codes, states,counties, cities and countries. Elements within network region 602 and604 may operate to communicate with external elements within othernetworked regions or within elements contained within the same networkregion.

In some implementations, global network 606 may operate as the Internet.It will be understood by those skilled in the art that communicationsystem 600 may take many different forms. Non-limiting examples of formsfor communication system 600 include local area networks (LANs), widearea networks (WANs), wired telephone networks, cellular telephonenetworks or any other network supporting data communication betweenrespective entities via hardwired or wireless communication networks.Global network 606 may operate to transfer information between thevarious networked elements.

Server device 608 and server device 610 may operate to execute softwareinstructions, store information, support database operations andcommunicate with other networked elements. Non-limiting examples ofsoftware and scripting languages which may be executed on server device608 and server device 610 include C, C++, C# and Java.

Network region 602 may operate to communicate bi-directionally withglobal network 606 via a communication channel 612. Network region 604may operate to communicate bi-directionally with global network 606 viaa communication channel 614. Server device 608 may operate tocommunicate bi-directionally with global network 606 via a communicationchannel 616. Server device 610 may operate to communicatebi-directionally with global network 606 via a communication channel618. Network region 602 and 604, global network 606 and server devices608 and 610 may operate to communicate with each other and with everyother networked device located within communication system 600.

Server device 608 includes a networking device 620 and a server 622.Networking device 620 may operate to communicate bi-directionally withglobal network 606 via communication channel 616 and with server 622 viaa communication channel 624. Server 622 may operate to execute softwareinstructions and store information.

Network region 602 includes a multiplicity of clients with a samplingdenoted as a client 626 and a client 628. Client 626 includes anetworking device 634, a processor 636, a GUI 638 and an interfacedevice 640. Non-limiting examples of devices for GUI 638 includemonitors, televisions, cellular telephones, smartphones and PDAs(Personal Digital Assistants). Non-limiting examples of interface device640 include pointing device, mouse, trackball, scanner and printer.Networking device 634 may communicate bi-directionally with globalnetwork 606 via communication channel 612 and with processor 636 via acommunication channel 642. GUI 638 may receive information fromprocessor 636 via a communication channel 644 for presentation to a userfor viewing. Interface device 640 may operate to send controlinformation to processor 636 and to receive information from processor636 via a communication channel 646. Network region 604 includes amultiplicity of clients with a sampling denoted as a client 630 and aclient 632. Client 630 includes a networking device 648, a processor650, a GUI 652 and an interface device 654. Non-limiting examples ofdevices for GUI 638 include monitors, televisions, cellular telephones,smartphones and PDAs (Personal Digital Assistants). Non-limitingexamples of interface device 640 include pointing devices, mousse,trackballs, scanners and printers. Networking device 648 may communicatebi-directionally with global network 606 via communication channel 614and with processor 650 via a communication channel 656. GUI 652 mayreceive information from processor 650 via a communication channel 658for presentation to a user for viewing. Interface device 654 may operateto send control information to processor 650 and to receive informationfrom processor 650 via a communication channel 660.

For example, consider the case where a user interfacing with client 626may want to execute a networked application. A user may enter the IP(Internet Protocol) address for the networked application usinginterface device 640. The IP address information may be communicated toprocessor 636 via communication channel 646. Processor 636 may thencommunicate the IP address information to networking device 634 viacommunication channel 642. Networking device 634 may then communicatethe IP address information to global network 606 via communicationchannel 612. Global network 606 may then communicate the IP addressinformation to networking device 620 of server device 608 viacommunication channel 616. Networking device 620 may then communicatethe IP address information to server 622 via communication channel 624.Server 622 may receive the IP address information and after processingthe IP address information may communicate return information tonetworking device 620 via communication channel 624. Networking device620 may communicate the return information to global network 606 viacommunication channel 616. Global network 606 may communicate the returninformation to networking device 634 via communication channel 612.Networking device 634 may communicate the return information toprocessor 636 via communication channel 642. Processor 666 maycommunicate the return information to GUI 668 via communication channel644. User may then view the return information on GUI 638.

FIG. 7 is a block diagram depicting an exemplary client/server systemwhich may be used by an exemplary web-enabled/networked embodiment ofthe present invention.

A communication system 700 includes a multiplicity of clients with asampling of clients denoted as a client 702 and a client 704, amultiplicity of local networks with a sampling of networks denoted as alocal network 706 and a local network 708, a global network 710 and amultiplicity of servers with a sampling of servers denoted as a server712 and a server 714.

Client 702 may communicate bi-directionally with local network 706 via acommunication channel 716. Client 704 may communicate bi-directionallywith local network 708 via a communication channel 718. Local network706 may communicate bi-directionally with global network 710 via acommunication channel 720. Local network 708 may communicatebi-directionally with global network 710 via a communication channel722. Global network 710 may communicate bi-directionally with server 712and server 714 via a communication channel 724. Server 712 and server714 may communicate bi-directionally with each other via communicationchannel 724. Furthermore, clients 702, 704, local networks 706, 708,global network 710 and servers 712, 714 may each communicatebi-directionally with each other.

In one embodiment, global network 710 may operate as the Internet. Itwill be understood by those skilled in the art that communication system700 may take many different forms. Non-limiting examples of forms forcommunication system 700 include local area networks (LANs), wide areanetworks (WANs), wired telephone networks, wireless networks, or anyother network supporting data communication between respective entities.

Clients 702 and 704 may take many different forms. Non-limiting examplesof clients 702 and 704 include personal computers, personal digitalassistants (PDAs), cellular phones and smartphones.

Client 702 includes a CPU 726, a pointing device 728, a keyboard 730, amicrophone 732, a printer 734, a memory 736, a mass memory storage 738,a GUI 740, a video camera 742, an input/output interface 744 and anetwork interface 746.

CPU 726, pointing device 728, keyboard 730, microphone 732, printer 734,memory 736, mass memory storage 738, GUI 740, video camera 742,input/output interface 744 and network interface 746 may communicate ina unidirectional manner or a bi-directional manner with each other via acommunication channel 748. Communication channel 748 may be configuredas a single communication channel or a multiplicity of communicationchannels.

CPU 726 may be comprised of a single processor or multiple processors.CPU 726 may be of various types including micro-controllers (e.g., withembedded RAM/ROM) and microprocessors such as programmable devices(e.g., RISC or SISC based, or CPLDs and FPGAs) and devices not capableof being programmed such as gate array ASICs (Application SpecificIntegrated Circuits) or general-purpose microprocessors.

As is well known in the art, memory 736 is used typically to transferdata and instructions to CPU 726 in a bi-directional manner. Memory 736,as discussed previously, may include any suitable computer-readablemedia, intended for data storage, such as those described aboveexcluding any wired or wireless transmissions unless specifically noted.Mass memory storage 738 may also be coupled bi-directionally to CPU 726and provides additional data storage capacity and may include any of thecomputer-readable media described above. Mass memory storage 738 may beused to store programs, data and the like and is typically a secondarystorage medium such as a hard disk. It will be appreciated that theinformation retained within mass memory storage 738, may, in appropriatecases, be incorporated in standard fashion as part of memory 736 asvirtual memory.

CPU 726 may be coupled to GUI 740. GUI 740 enables a user to view theoperation of computer operating system and software. CPU 726 may becoupled to pointing device 728. Non-limiting examples of pointing device728 include computer mouse, trackball and touchpad. Pointing device 728enables a user with the capability to maneuver a computer cursor aboutthe viewing area of GUI 740 and select areas or features in the viewingarea of GUI 740. CPU 726 may be coupled to keyboard 730. Keyboard 730enables a user with the capability to input alphanumeric textualinformation to CPU 726. CPU 726 may be coupled to microphone 732.Microphone 732 enables audio produced by a user to be recorded,processed and communicated by CPU 726. CPU 726 may be connected toprinter 734. Printer 734 enables a user with the capability to printinformation to a sheet of paper. CPU 726 may be connected to videocamera 742. Video camera 742 enables video produced or captured by userto be recorded, processed and communicated by CPU 726.

CPU 726 may also be coupled to input/output interface 744 that connectsto one or more input/output devices such as such as CD-ROM, videomonitors, track balls, mice, keyboards, microphones, touch-sensitivedisplays, transducer card readers, magnetic or paper tape readers,tablets, styluses, voice or handwriting recognizers, or other well-knowninput devices such as, of course, other computers.

Finally, CPU 726 optionally may be coupled to network interface 746which enables communication with an external device such as a databaseor a computer or telecommunications or internet network using anexternal connection shown generally as communication channel 716, whichmay be implemented as a hardwired or wireless communications link usingsuitable conventional technologies. With such a connection, CPU 726might receive information from the network, or might output informationto a network in the course of performing the method steps described inthe teachings of the present invention.

It will be further apparent to those skilled in the art that at least aportion of the novel method steps and/or system components of thepresent invention may be practiced and/or located in location(s)possibly outside the jurisdiction of the United States of America (USA),whereby it will be accordingly readily recognized that at least a subsetof the novel method steps and/or system components in the foregoingembodiments must be practiced within the jurisdiction of the USA for thebenefit of an entity therein or to achieve an object of the presentinvention. Thus, some alternate embodiments of the present invention maybe configured to comprise a smaller subset of the foregoing means forand/or steps described that the applications designer will selectivelydecide, depending upon the practical considerations of the particularimplementation, to carry out and/or locate within the jurisdiction ofthe USA. For example, any of the foregoing described method steps and/orsystem components which may be performed remotely over a network (e.g.,without limitation, a remotely located server) may be performed and/orlocated outside of the jurisdiction of the USA while the remainingmethod steps and/or system components (e.g., without limitation, alocally located client) of the forgoing embodiments are typicallyrequired to be located/performed in the USA for practicalconsiderations. In client-server architectures, a remotely locatedserver typically generates and transmits required information to a USbased client, for use according to the teachings of the presentinvention. Depending upon the needs of the particular application, itwill be readily apparent to those skilled in the art, in light of theteachings of the present invention, which aspects of the presentinvention can or should be located locally and which can or should belocated remotely. Thus, for any claims construction of the followingclaim limitations that are construed under 35 USC § 112 (6)/(f) it isintended that the corresponding means for and/or steps for carrying outthe claimed function are the ones that are locally implemented withinthe jurisdiction of the USA, while the remaining aspect(s) performed orlocated remotely outside the USA are not intended to be construed under35 USC § 112 (6) pre-AIA or 35 USC § 112 (f) post AIA. In someembodiments, the methods and/or system components which may be locatedand/or performed remotely include, without limitation:

It is noted that according to USA law, all claims must be set forth as acoherent, cooperating set of limitations that work in functionalcombination to achieve a useful result as a whole. Accordingly, for anyclaim having functional limitations interpreted under 35 USC § 112(6)/(f) where the embodiment in question is implemented as aclient-server system with a remote server located outside of the USA,each such recited function is intended to mean the function ofcombining, in a logical manner, the information of that claim limitationwith at least one other limitation of the claim. For example, inclient-server systems where certain information claimed under 35 USC §112 (6)/(f) is/(are) dependent on one or more remote servers locatedoutside the USA, it is intended that each such recited function under 35USC § 112 (6)/(f) is to be interpreted as the function of the localsystem receiving the remotely generated information required by alocally implemented claim limitation, wherein the structures and orsteps which enable, and breathe life into the expression of suchfunctions claimed under 35 USC § 112 (6)/(f) are the corresponding stepsand/or means located within the jurisdiction of the USA that receive anddeliver that information to the client (e.g., without limitation,client-side processing and transmission networks in the USA). When thisapplication is prosecuted or patented under a jurisdiction other thanthe USA, then “USA” in the foregoing should be replaced with thepertinent country or countries or legal organization(s) havingenforceable patent infringement jurisdiction over the present patentapplication, and “35 USC § 112 (6)/(f)” should be replaced with theclosest corresponding statute in the patent laws of such pertinentcountry or countries or legal organization(s).

All the features disclosed in this specification, including anyaccompanying abstract and drawings, may be replaced by alternativefeatures serving the same, equivalent or similar purpose, unlessexpressly stated otherwise. Thus, unless expressly stated otherwise,each feature disclosed is one example only of a generic series ofequivalent or similar features.

It is noted that according to USA law 35 USC § 112 (1), all claims mustbe supported by sufficient disclosure in the present patentspecification, and any material known to those skilled in the art neednot be explicitly disclosed. However, 35 USC § 112 (6) requires thatstructures corresponding to functional limitations interpreted under 35USC § 112 (6) must be explicitly disclosed in the patent specification.Moreover, the USPTO's Examination policy of initially treating andsearching prior art under the broadest interpretation of a “mean for” or“steps for” claim limitation implies that the broadest initial search on35 USC § 112(6) (post AIA 112(f)) functional limitation would have to beconducted to support a legally valid Examination on that USPTO policyfor broadest interpretation of “mean for” claims. Accordingly, the USPTOwill have discovered a multiplicity of prior art documents includingdisclosure of specific structures and elements which are suitable to actas corresponding structures to satisfy all functional limitations in thebelow claims that are interpreted under 35 USC § 112(6) (post AIA112(f)) when such corresponding structures are not explicitly disclosedin the foregoing patent specification. Therefore, for any inventionelement(s)/structure(s) corresponding to functional claim limitation(s),in the below claims interpreted under 35 USC § 112(6) (post AIA 112(f)),which is/are not explicitly disclosed in the foregoing patentspecification, yet do exist in the patent and/or non-patent documentsfound during the course of USPTO searching, Applicant(s) incorporate allsuch functionally corresponding structures and related enabling materialherein by reference for the purpose of providing explicit structuresthat implement the functional means claimed. Applicant(s) request(s)that fact finders during any claims construction proceedings and/orexamination of patent allowability properly identify and incorporateonly the portions of each of these documents discovered during thebroadest interpretation search of 35 USC § 112(6) (post AIA 112(f))limitation, which exist in at least one of the patent and/or non-patentdocuments found during the course of normal USPTO searching and orsupplied to the USPTO during prosecution. Applicant(s) also incorporateby reference the bibliographic citation information to identify all suchdocuments comprising functionally corresponding structures and relatedenabling material as listed in any PTO Form-892 or likewise anyinformation disclosure statements (IDS) entered into the present patentapplication by the USPTO or Applicant(s) or any 3^(rd) parties.Applicant(s) also reserve its right to later amend the presentapplication to explicitly include citations to such documents and/orexplicitly include the functionally corresponding structures which wereincorporate by reference above.

Thus, for any invention element(s)/structure(s) corresponding tofunctional claim limitation(s), in the below claims, that areinterpreted under 35 USC § 112(6) (post AIA 112(f)), which is/are notexplicitly disclosed in the foregoing patent specification, Applicant(s)have explicitly prescribed which documents and material to include theotherwise missing disclosure, and have prescribed exactly which portionsof such patent and/or non-patent documents should be incorporated bysuch reference for the purpose of satisfying the disclosure requirementsof 35 USC § 112 (6). Applicant(s) note that all the identified documentsabove which are incorporated by reference to satisfy 35 USC § 112 (6)necessarily have a filing and/or publication date prior to that of theinstant application, and thus are valid prior documents to incorporatedby reference in the instant application.

Having fully described at least one embodiment of the present invention,other equivalent or alternative methods of implementing an audio systemaccording to the present invention will be apparent to those skilled inthe art. Various aspects of the invention have been described above byway of illustration, and the specific embodiments disclosed are notintended to limit the invention to the particular forms disclosed. Theparticular implementation of the audio system may vary depending uponthe particular context or application. By way of example, and notlimitation, the audio system described in the foregoing were principallydirected to wireless enabled headphones implementations; however,similar techniques may instead be applied to other listening devices,which implementations of the present invention are contemplated aswithin the scope of the present invention. The invention is thus tocover all modifications, equivalents, and alternatives falling withinthe spirit and scope of the following claims. It is to be furtherunderstood that not all of the disclosed embodiments in the foregoingspecification will necessarily satisfy or achieve each of the objects,advantages, or improvements described in the foregoing specification.

Claim elements and steps herein may have been numbered and/or letteredsolely as an aid in readability and understanding. Any such numberingand lettering in itself is not intended to and should not be taken toindicate the ordering of elements and/or steps in the claims.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed. Thedescription of the present invention has been presented for purposes ofillustration and description, but is not intended to be exhaustive orlimited to the invention in the form disclosed. Many modifications andvariations will be apparent to those of ordinary skill in the artwithout departing from the scope and spirit of the invention. Theembodiment was chosen and described in order to best explain theprinciples of the invention and the practical application, and to enableothers of ordinary skill in the art to understand the invention forvarious embodiments with various modifications as are suited to theparticular use contemplated.

The Abstract is provided to comply with 37 C.F.R. Section 1.72(b)requiring an abstract that will allow the reader to ascertain the natureand gist of the technical disclosure. That is, the Abstract is providedmerely to introduce certain concepts and not to identify any key oressential features of the claimed subject matter. It is submitted withthe understanding that it will not be used to limit or interpret thescope or meaning of the claims.

The following claims are hereby incorporated into the detaileddescription, with each claim standing on its own as a separateembodiment.

Only those claims which employ the words “means for” or “steps for” areto be interpreted under 35 USC 112, sixth paragraph (pre-AIA) or 35 USC112(f) post-AIA. Otherwise, no limitations from the specification are tobe read into any claims, unless those limitations are expressly includedin the claims.

What is claimed is:
 1. A system comprising: a sound tube, wherein atleast a portion of the sound tube includes a rigid hollow tube portion;at least one answer button; at least one hang-up button; a digital audioplayer port; a wireless transceiver module; a spring clip; a microphone;and a pair of ear buds; wherein the system comprises an audio system. 2.The system of claim 1, wherein the system comprises a primary module,wherein the primary module comprises the wireless transceiver module,the at least one answer button, the at least one hang-up button, thecharging port, the digital audio player port, the wireless transceivermodule, and the microphone.
 3. The system of claim 1, wherein a singlebutton is used both as the answer button and as the hang-up button. 4.The system of claim 1, wherein a portion of the sound tube is a flexibleportion.
 5. The system of claim 1, wherein the flexible portion of thesound tube is disposed between the ear buds and the rigid hollow tubeportion.
 6. The system of claim 1, wherein the flexible portion of thesound tube is disposed between the primary module and the rigid hollowtube portion.
 7. The system of claim 1, wherein the spring clip is astethoscope style spring clip.
 8. The system of claim 1, wherein thewireless transceiver module is a Bluetooth® transceiver module.
 9. Thesystem of claim 1, wherein the wireless transceiver module houses abattery, a speaker, and a transducer.
 10. The system of claim 9, whereinthe battery is a rechargeable battery.
 11. The system of claim 1,wherein the system is capable of being charged wirelessly.
 12. Thesystem of claim 1, wherein the microphone is adjustable and is capableof being positioned below or in front of a user's mouth ensuring thatthe user's voice is received loudly minimizing interference from anybackground noise.
 13. The system of claim 1, wherein a user using theaudio system with a mobile phone is capable of answering or hanging-upthe mobile phone by pressing the answer button or the hang-up button onthe audio system respectively or by using the answer link or hang-uplink on the mobile phone respectively.
 14. The system of claim 1,wherein the system includes a charging port.
 15. The system of claim 12,wherein the system is connected to a suitable power system with wiresvia the charging port for charging the system.
 16. A system comprising:a sound tube, wherein at least a portion of the sound tube includes arigid hollow tube portion; at least one answer button; at least onehang-up button; a digital audio player port; a wireless transceivermodule; a spring clip; a microphone; and a pair of ear buds; wherein thesystem comprises an audio system; wherein the wireless transceivermodule comprises two small audio speakers; wherein the audio system iscapable of carrying a sound emitted from the two small audio speakersthrough the rigid hollow tube leading the sound to the pair of ear buds;wherein the audio system is designed like a stethoscope; wherein thespring clip comprises a leaf type spring clip capable of pulling therigid hollow tubes together such that the ear buds are inserted into auser's ears when in use or hug the neck of the user when not in use. 17.The system of claim 16, wherein the system comprises a primary module,wherein the primary module comprises the wireless transceiver module,the at least one answer button, the at least one hang-up button, thecharging port, the digital audio player port, the wireless transceivermodule, and the microphone.
 18. The system of claim 16, wherein thesystem is capable of being charged wirelessly.
 19. A system comprising:a sound tube, wherein the sound tube includes a rigid hollow tubeportion and a flexible tube portion; a primary module comprising: atleast one answer button; at least one hang-up button; a digital audioplayer port; a wireless transceiver module; a stethoscope type springclip; a microphone, wherein the microphone is adjustable and is capableof being positioned below or in front of a user's mouth ensuring thatthe user's voice is received loudly minimizing interference from anybackground noise; and a pair of ear buds; wherein the system comprisesan audio system; wherein the flexible portion of the sound tube isdisposed between the ear buds and the rigid hollow tube portion and/orwherein the flexible portion of the sound tube is disposed between theprimary module and the rigid hollow tube portion.
 20. The system ofclaim 19, wherein the system is capable of being charged wirelessly.